§ 27.1021   Reimbursement obligation of licensees at 1915-1920 MHz.

   A licensee in the 1915-1920 MHz band (Lower H Block) shall, within 30 days
   of grant of its long-form application, reimburse 25 percent of the total
   relocation  costs  incurred  by UTAM, Inc. for relocating and clearing
   incumbent Fixed Microwave Service (FS) licensees from the 1910-1930 MHz band
   on a pro rata shared basis with other Lower H Block licensees as set forth
   in paragraphs (a) through (e) of this section.

   (a)(1) If Lower H Block licenses granted as a result of the first auction
   for this spectrum cover, collectively, at least forty (40) percent of the
   nation's population, the amount owed to UTAM, Inc. by each individual Lower
   H Block licensee (reimbursement amount owed or RN) will be determined by
   dividing the gross winning bid (GWB) for each individual Lower H Block
   license (i.e., an Economic Area (EA)) by the sum of the gross winning bids
   for all Lower H Block licenses for which there is a winning bid in the first
   auction, and then multiplying by $12,629,857.

   RN = (EA GWB ÷ Sum of GWBs) × $12,629,857.00

   (2) Except as provided in paragraphs (b) and (c) of this section, a licensee
   that obtains a license for a market in which no license is granted as a
   result of the first Lower H Block auction will not have a reimbursement
   obligation to UTAM, Inc.

   (b) If Lower H Block licenses granted as a result of the first auction for
   this spectrum cover, collectively, less than forty (40) percent of the
   nation's  population, then the pro rata amount that the licensee of an
   individual  Lower  H  Block license must reimburse UTAM, Inc. shall be
   calculated by dividing the population of the individual EA by the total U.S.
   population, and then multiplying by $12,629,857. In this event, the same
   population data, e.g., 2010, used to calculate the RNs for Lower H Block
   licenses granted as a result of the first auction will apply to subsequent
   auctions of Lower H Block licenses that were not granted as a result of an
   earlier auction of Lower H Block licenses.

   RN = (EA POP ÷ U.S. POP) × $12,629,857.00

   (c)  A winning bidder of a Lower H Block license that is not granted a
   license for any reason will be deemed to have triggered a reimbursement
   obligation to UTAM, Inc. This obligation will be owed to UTAM, Inc. by the
   licensee acquiring the Lower H Block license through a subsequent auction.
   The amount owed by the licensee acquiring the Lower H Block license at such
   auction will be the RN calculated for the EA license based on the first
   auction (calculated under paragraphs (a) or (b), as applicable, of this
   section).

   (d) For purposes of compliance with this section, licensees should determine
   population based on 2010 U.S. Census Data or such other data or measurements
   that the Wireless Telecommunications Bureau proposes and adopts under the
   notice and comment process for the auction procedures.

   (e)  A payment obligation owed by a Lower H Block licensees under this
   section shall be made within thirty (30) days of the grant of the license
   (i.e., grant of the long form application).

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